Allahabad HC Denies Relief to Man Who Secretly Took Daughter’s Blood Sample for Private DNA Test
The Allahabad High Court has dismissed a petition by a man who secretly took his daughter’s blood sample for a private DNA test to deny paternity and avoid paying maintenance. The court ruled that DNA tests should not be misused to challenge a child’s legitimacy without strong proof.
Background of the Case
Dr. Ifraq Mohammad Ifraq Husain married Smt. Shazia Parveen on November 12, 2013, following Muslim traditions. Their marriage lasted until 2017, when the wife left her matrimonial home, alleging mistreatment over dowry demands.
The man later accused his wife of adultery and claimed that one of their daughters was not biologically his. To support his claim, he secretly collected his daughter’s blood sample and sent it to a private DNA lab in Hyderabad. The lab report stated that he was not the biological father.
Legal Dispute Over Paternity and Maintenance
The wife filed a maintenance claim in July 2019 for herself and their two daughters. While the case was pending, the husband approached the court, seeking an official DNA test to prove paternity. When his plea was rejected, he moved the High Court for a fresh DNA test.
The High Court ruled that when a child is born within a marriage, their legitimacy is legally presumed under Section 112 of the Indian Evidence Act. The court emphasized that the husband had not proven that he had no access to his wife during their marriage.
Court’s Observations
- The presumption of legitimacy stands unless the husband provides strong evidence proving non-access to his wife.
- The court referenced a Supreme Court ruling (Ashok Kumar v. Raj Gupta, 2021), stating that DNA tests should not be conducted if other evidence exists to prove or disprove paternity.
- The court cautioned that allowing DNA tests without strong grounds could lead to unscrupulous husbands misusing the law to deny paternity.
- The child’s rights must be prioritized, and a DNA test should not be forced to prove adultery.
Final Verdict
The court denied the husband’s request for a DNA test and upheld the order for him to pay maintenance to his wife and daughters. The ruling reinforced that DNA tests should not be used casually in paternity disputes without substantial evidence.
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